Eviction Process for Nonpayment of Rent

Tenants who have not paid the rent
on time cannot be evicted right away. Landlords must always give them a
termination notice, which gives them a specified amount of time in which to
leave on their own and thus avoid an eviction lawsuit. And, depending on state
law, some tenants may be entitled to a period of time to pay the rent or move
out, which gives them a chance to save their tenancy.

Time to Pay or Move Out: Pay or Quit Notices

Many states give tenants a specified amount of time to pay the
rent (or move out). If the tenant pays within the specified time, he gets to
stay. In this situation, the landlord gives the tenant a “pay or quit” notice.

Grace Periods

Some states impose grace periods,
making landlords wait a specified number of days before delivering a pay or
quit notice. For example, in Maine, rent isn’t considered late until 15 days
after the date it’s due (Me. Rev. Stat. tit. 14, § 6028). Few states are that
generous. More typical is Connecticut, whose grace period is nine days (Ct.
Gen. Stat. Ann. § 47a-15a), and Tennessee, which allows for five days (Tenn.
Gen. Code Ann. § 66-28-201(d)).

No Grace Periods

The majority of states, however, do not require landlords to wait
a specified number of days before sending a termination notice. In these
states, the landlord may send a notice the day after rent is due but unpaid.

Time to Move Out, Without a Chance to Pay: Unconditional Quit Notices

In some situations, tenants who are late with the rent can be told
to leave, period, with no chance to pay the late rent and save their tenancy.
These notices are known as “unconditional quit” notices. If the state has a
grace period, the landlord must wait this out, and a tenant who pays the rent
within that grace period will save her tenancy. But as soon as the grace period
ends, the tenant loses the ability to pay and stay.

When Tenants Don’t Pay, or Move Out

In all situations, when tenants fail to act in time to either pay
and save their tenancy, or not pay and move out, or move out as directed (with
unconditional quit notices), the landlord can take the next step. Contrary to
some tenants’ fears and landlords’ beliefs, this next step cannot be a lock-out,
the removal of tenants’ belongings, or utility shut-offs. These are rouge “self-help”
evictions, illegal in the vast majority of states.

The Eviction Lawsuit

The next step for landlords is to file
a lawsuit in court, known as an eviction or unlawful detainer. The tenant must
be given, or served, the court papers, and must answer the lawsuit with a
written response. If the tenant doesn’t answer or doesn’t show up at the
hearing, the landlord will win. Of course, if the tenant disputes the grounds
for the termination and eviction, the tenant can defend himself at trial.

If the landlord wins, the court
issues an order for the tenant to leave the property by a certain date, often
within a very few days. A law enforcement officer will come to the property and
physically remove the tenant and his belongings if the tenant hasn’t already
moved out by the eviction date.

If the tenant wins, he may be
awarded not only the right to continue his tenancy, but other damages (and
possibly attorney fees and court costs).